Florida 2025 Regular Session

Florida House Bill H1443 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to public records; amending s. 2
16	16	119.071, F.S.; expanding a public records exemption 3
17	17	for the names of crime victims and specified documents 4
18	18	or records that could be used to locate or harass the 5
19	19	victim or the victim's family; providing that certain 6
20	20	records identifying law enfor cement officers who 7
21	21	become crime victims are confidential for a specified 8
22	22	period of time; providing an extension of time if 9
23	23	certain procedures are followed; providing for future 10
24	24	legislative review and repeal of the exemption; 11
25	25	providing a statement of publi c necessity; providing 12
26	26	an effective date. 13
27	27	14
28	28	Be It Enacted by the Legislature of the State of Florida: 15
29	29	16
30	30	Section 1. Paragraph (j) of subsection (2) of section 17
31	31	119.071, Florida Statutes, is amended to read: 18
32	32	119.071 General exemptions from inspection or copying of 19
33	33	public records.— 20
34	34	(2) AGENCY INVESTIGATIONS. — 21
35	35	(j)1.a. Any document that reveals the identity, including 22
36	36	the name, home or employment telephone number, home or 23
37	37	employment address, or personal assets of any individual, the 24
38	38	victim of a crime and identifies that person as the victim of a 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	crime, as defined in s. 16(e), Art. I of the State Constitution, 26
52	52	or any document or record that could be used to locate or harass 27
53	53	the victim or the victim's family, which document is received by 28
54	54	any agency that regularly receives information from or 29
55	55	concerning the victim of a victims of crime, under s. 16(b)(5), 30
56	56	Art. I of the State Constitution is exempt from s. 119.07(1) and 31
57	57	s. 24(a), Art. I of the State Constitution. Any information not 32
58	58	otherwise held confiden tial or exempt from s. 119.07(1) which 33
59	59	reveals the home or employment telephone number, home or 34
60	60	employment address, or personal assets of a person who has been 35
61	61	the victim of sexual battery, aggravated child abuse, aggravated 36
62	62	stalking, harassment, aggravate d battery, or domestic violence 37
63	63	is exempt from s. 119.07(1) and s. 24(a), Art. I of the State 38
64	64	Constitution, upon written request by the victim, which must 39
65	65	include official verification that an applicable crime has 40
66	66	occurred. Such information shall cease to be exempt 5 years 41
67	67	after the receipt of the written request. Any state or federal 42
68	68	agency that is authorized to have access to such documents by 43
69	69	any provision of law shall be granted such access in the 44
70	70	furtherance of such agency's statutory duties, notwithst anding 45
71	71	this section. 46
72	72	b.(I) The identity of any officer, as defined in s. 47
73	73	943.10(14), who uses deadly force as defined in s. 776.06, or 48
74	74	any force that results in serious bodily injury and who becomes 49
75	75	the victim of a crime in the course and scope of the of ficer's 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	employment or official duties in the same or a related incident, 51
89	89	is exempt from the public records law as set forth in sub -sub-52
90	90	subparagraphs (II) and (III). 53
91	91	(II) During the 48 hours immediately following an incident 54
92	92	in which an officer becomes th e victim of a crime, the identity 55
93	93	of the officer shall be confidential. At the expiration of the 56
94	94	48-hour period, the officer's identity shall be subject to 57
95	95	public record laws unless the elected or appointed head of the 58
96	96	officer's employing agency, as that t erm is defined in s. 59
97	97	943.10(4), provides written findings setting forth the necessity 60
98	98	for an extension of the confidentiality of the officer's 61
99	99	identity. 62
100	100	(III) The written findings by the elected or appointed 63
101	101	head of the officer's employing agency shall s tate the necessity 64
102	102	of extending the confidentiality of the officer's identity 65
103	103	beyond the 48-hour period and the written findings must be made 66
104	104	public before the 48 -hour period expires. An extension may not 67
105	105	exceed 15 days and must contain findings documentin g the 68
106	106	continued necessity for the additional extension. Subsequent 69
107	107	exemptions may not exceed 15 days for a total of 30 days. 70
108	108	(IV) The exemptions created under this sub -subparagraph 71
109	109	are subject to the Open Government Sunset Review Act in 72
110	110	accordance with s. 119.15 and shall stand repealed on October 2, 73
111	111	2030, unless reviewed and saved from repeal through reenactment 74
112	112	by the Legislature. 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	2.a. Any information in a videotaped statement of a minor 76
126	126	who is alleged to be or who is a victim of sexual battery, lewd 77
127	127	acts, or other sexual misconduct proscribed in chapter 800 or in 78
128	128	s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 79
129	129	847.0133, or s. 847.0145, which reveals that minor's identity, 80
130	130	including, but not limited to, the minor's face; the minor's 81
131	131	home, school, church, or employment telephone number; the 82
132	132	minor's home, school, church, or employment address; the name of 83
133	133	the minor's school, church, or place of employment; or the 84
134	134	personal assets of the minor; and which identifies that minor as 85
135	135	the victim of a crime described in this subparagraph, held by a 86
136	136	law enforcement agency, is confidential and exempt from s. 87
137	137	119.07(1) and s. 24(a), Art. I of the State Constitution. Any 88
138	138	governmental agency that is authorized to have access to such 89
139	139	statements by any pro vision of law shall be granted such access 90
140	140	in the furtherance of the agency's statutory duties, 91
141	141	notwithstanding the provisions of this section. 92
142	142	b. A public employee or officer who has access to a 93
143	143	videotaped statement of a minor who is alleged to be or wh o is a 94
144	144	victim of sexual battery, lewd acts, or other sexual misconduct 95
145	145	proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 96
146	146	847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 97
147	147	may not willfully and knowingly disclose videotaped information 98
148	148	that reveals the minor's identity to a person who is not 99
149	149	assisting in the investigation or prosecution of the alleged 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	offense or to any person other than the defendant, the 101
163	163	defendant's attorney, or a person specified in an order entered 102
164	164	by the court having jurisdiction of the alleged offense. A 103
165	165	person who violates this provision commits a misdemeanor of the 104
166	166	first degree, punishable as provided in s. 775.082 or s. 105
167	167	775.083. 106
168	168	Section 2. The Legislature finds that s. 16(b), Article I 107
169	169	of the State Constitutio n mandates that records and documents 108
170	170	that may be used to locate and harass crime victims, including 109
171	171	records or documents that identify the crime victim, including 110
172	172	the crime victim's name, be made exempt from s. 119.07(1), 111
173	173	Florida Statutes, and s. 24(a), A rticle I of the State 112
174	174	Constitution. The Legislature further finds that exempting 113
175	175	records or documents that identify the crime victim, the 114
176	176	victim's family, or any information that may be used to threaten 115
177	177	or harass the victim or the victim's family from s. 1 19.07(1), 116
178	178	Florida Statutes, and s. 24(a), Article I of the State 117
179	179	Constitution is a public necessity to prevent the possibility of 118
180	180	further trauma. The Legislature also finds that the release of 119
181	181	such records or documents may deter crime victims from 120
182	182	cooperating with law enforcement and reporting criminal acts. 121
183	183	Section 3. This act shall take effect upon becoming a law. 122